Trials@uspto.gov
`571.272.7822
`
`
`Paper 39
`Entered: October 30, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`QUALCOMM INC.,
`Patent Owner.
`____________
`
`Case IPR2018-01275
`Patent 9,203,940 B2
`____________
`
`
`
`Before DANIEL N. FISHMAN, MICHELLE N. WORMMEESTER, and
`AARON W. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`Both parties have requested oral argument in this matter pursuant to
`37 C.F.R. § 42.70 and that each party be allocated sixty (60) minutes of
`argument time. See Papers 36, 37. The requests are granted.
`
`
`
`571.272.7822
`
`
`Paper 39
`Entered: October 30, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`QUALCOMM INC.,
`Patent Owner.
`____________
`
`Case IPR2018-01275
`Patent 9,203,940 B2
`____________
`
`
`
`Before DANIEL N. FISHMAN, MICHELLE N. WORMMEESTER, and
`AARON W. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`Both parties have requested oral argument in this matter pursuant to
`37 C.F.R. § 42.70 and that each party be allocated sixty (60) minutes of
`argument time. See Papers 36, 37. The requests are granted.
`
`
`
`
`Case IPR2018-01275
`Patent 9,203,940 B2
`
`
`The hearing will commence at 10:00 AM Eastern Time on
`November 14, 2019. The hearing will be conducted on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. The
`hearing will be open to the public for in-person attendance, which will be
`accommodated on a first-come, first-served basis. If the parties have
`concerns about disclosing confidential information, they are requested to
`contact the Board at least ten business days in advance of the hearing to
`discuss the matter.
`Petitioner will proceed first to present its case with regard to the
`challenged claims in both cases. Petitioner may reserve some, but not more
`than one half, of its argument time for rebuttal. Thereafter, Patent Owner
`will respond to Petitioner’s case and may reserve some of its argument time,
`for sur-rebuttal. Next, Petitioner may use any time it has reserved for
`rebuttal to respond to Patent Owner’s specific arguments presented at the
`hearing. Then, Patent Owner may present a brief sur-rebuttal if it has
`reserved time. No live testimony from any witness has been requested or
`will be taken at the oral argument.
`Any demonstrative exhibits shall be served at least five (5) business
`days before the hearing. The parties shall confer regarding any objections to
`demonstrative exhibits, and file demonstrative exhibits with the Board, as a
`separate exhibit, at least three (3) business days prior to the hearing. The
`parties are reminded that the demonstrative exhibits presented in this case
`are not evidence and are intended only to assist the parties in presenting their
`oral argument to the panel. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. Board of Regents of the University of Michigan,
`IPR2013-00041, Paper 65 at 2–5 (PTAB Jan. 27, 2014), for guidance
`2
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`Case IPR2018-01275
`Patent 9,203,940 B2
`
`regarding the appropriate content of demonstrative exhibits. For any issue
`regarding the proposed demonstrative exhibits that cannot be resolved after
`conferring with the opposing party, the parties may file jointly a one-page
`list of objections at least two (2) business days prior to the hearing. The list
`should identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one concise sentence)
`of the reason for each objection. No argument or further explanation is
`permitted. We will consider the objections and may schedule a conference
`call, if necessary, to discuss them. Typically, however, we reserve ruling on
`the objections until the hearing or until a ruling is necessary to resolve the
`dispute. Any objection to demonstrative exhibits that is not presented timely
`will be considered waived. Each party also shall provide a hard copy of its
`demonstrative exhibits to the court reporter at the hearing.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number and
`by content) referenced during the consolidated hearing to ensure the clarity
`and accuracy of the reporter’s transcript. The parties also should note that
`one or more judges on the panel will be attending electronically and will
`only have access to the filed copy of the demonstratives provided in
`advance, as referenced above. If a demonstrative is not made available to
`the Board in the manner indicated above, that demonstrative may not be
`available to each of the judges during the hearing and may not be
`considered. Further, images projected using audio-visual equipment in the
`hearing room will not be visible to judges participating remotely. Because
`of limitations on the audio transmission systems in our hearing rooms, the
`presenter may speak only when standing at the hearing room podium. If the
`3
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`Case IPR2018-01275
`Patent 9,203,940 B2
`
`parties have questions as to whether demonstrative exhibits would be
`sufficiently visible and available to all of the judges, the parties are invited
`to contact the Board at (571) 272-9797.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing. The
`reporter’s transcript will be entered in the record of the proceeding.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument as long as that counsel is present in person. If either party expects
`that its lead counsel will not be attending the oral argument, the parties
`should initiate a joint telephone conference with the Board no later than two
`(2) business days prior to the oral hearing to discuss the matter.
`A party may request remote video attendance for one or more of its
`other attendees to view the hearing from any USPTO location. The
`available locations include the Rocky Mountain Regional Office in Denver,
`Colorado; the Texas Regional Office in Dallas, Texas; the Elijah J. McCoy
`Midwest Regional Office in Detroit, Michigan; and the Silicon Valley Office
`in San Jose, California. To request remote video viewing, a party must send
`an email message to Trials@uspto.gov ten (10) business days prior to the
`hearing, indicating the requested location and the number planning to view
`the hearing from the remote location. The Board will notify the parties if the
`request for video viewing is granted. Note that it may not be possible to
`grant the request due to the availability of resources.
`Any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. A party may also indicate any special requests related to
`appearing at an in-person oral hearing, such as a request to accommodate
`4
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`Case IPR2018-01275
`Patent 9,203,940 B2
`
`physical needs that limit mobility or visual or hearing impairments, and
`indicate how the PTAB may accommodate the special request. Any special
`requests must be presented in a separate communication not less than five
`(5) days before the hearing.
`
`
`
`
`
`
`
`
`5
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`
`
`Case IPR2018-01275
`Patent 9,203,940 B2
`
`For PETITIONER:
`
`W. Karl Renner
`Timothy W. Riffe
`Thomas A. Rozylowicz
`Daniel D. Smith
`Thad Kodish
`Christopher O. Green
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`riffe@fr.com
`tar@fr.com
`dsmith@fr.com
`tkodish@fr.com
`cgreen@fr.com
`PTABInbound@fr.com
`IPR39521-0049IP1@fr.com
`
`
`For PATENT OWNER:
`
`Eliot Williams
`Chad Walters
`Charles Yeh
`Brian W. Oaks
`Joseph Akalski
`Jessica Lin
`BAKER BOTTS L.L.P
`Qualcomm_940IPR@bakerbotts.com
`eliot.williams@bakerbotts.com
`chad.walters@bakerbotts.com
`charlesyyeh@gmail.com
`brian.oaks@bakerbotts.com
`joseph.akalski@bakerbotts.com
`jessica.lin@bakerbotts.com
`
`
`
`
`6
`
`
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